If Hiibel had been arrested for driving under the influence and striking a minor child, his identity would not matter. In some of the other instances cited by the majority, such as the case of a violation of a restraining order, requesting identification under the reasonable suspicion a crime was being committed might be defensible, but under the circumstances of the case, it would seem that the conviction should have stood, but not for the reasons alleged by any of the reasons cited by the majority. Furthermore, in apprehending criminals suspected of sex offenses, terrorism, and other unspeakable acts, the minority found, that these arrests should be based upon conduct, not upon a failure to provide identification.
Volunteering one's identity is a right one has, the minority stated: "purchasing an airline ticket is a business transaction, and the airlines may condition the sale on knowing who is the purchaser. In contrast, being forced to identify oneself to a police officer or else face arrest is government coercion precisely the type of governmental intrusion that the Fourth Amendment was designed to prevent. Furthermore, it is not necessary to have one's name on a credit card or checkbook in order to effect a purchase. A dedicated libertarian, for example, might deliberately eschew financial institutions, credit cards and checkbooks, engaging solely in cash transactions, in order to jealously protect his individual rights, especially his right to be anonymous, to be left alone, to wander freely." The dissenting minority opinion also noted that creating a bogeyman of terrorists and suspected child molesters was dangerous for a court entrusted to protect the rights of the public. "The court must not be blinded by fear," it wrote.
However, in 2004, the majority opinion of the Nevada State Court was upheld in a 5-4 decision by the U.S. Supreme Court, much to the dismay of civil libertarians. "One's identity is, by definition, unique; yet it is, in another sense, a universal characteristic," wrote Justice Anthony Kennedy for the majority (Richey 2004). "Answering a request to disclose a name is...
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